Fair Rent Commission

MINUTES FAIR RENT COMMISSION REGULAR MEETING (HYBRID) OF FEBRUARY 12, 2025 Present: Commissioner/Chair Rakim Grant; Commissioner Robert Rosenthal; Commissioner Sal Calvo; Commissioner Darrell Fennell; Commissioner Robert Kronenberger (remote) Staff: Atty. Philip G. Kent, as outside counsel for the Commission Public: Atty. W. Herbert Reckmeyer (remote); tenant David Yeboah (remote) 1. Call to Order: Commissioner / Chair Grant called the Meeting to order at 7:00 p.m. 2. Public Comment: Commissioner / Chair Grant called for public comment with no response. See section 6A below, as the Yeboah matter was addressed prior to additional business in the discretion of the Commission. 3. Approval of Minutes Commissioner Calvo made a MOTION to approve the minutes of the December 11, 2024 Regular Meeting. Commissioner Fennell seconded the motion, which passed unanimously without further discussion. Commissioner Fennell also complimented Commission counsel on the quality of the minutes. 4. Correspondence Atty. Kent reported on emails concerning FRC legislation before the state legislature. Atty. Kent reported also concerning regular meetings of the FRC Network, which is a statewide body that has developed to address issues common to FRCs across Connecticut and to develop shared best practices, among other purposes. Commissioner Fennell, Commissioner Rosenthal and Atty. Kent have attended meetings, at which, to the extent needed, each member FRC is entitled to one vote in relation to issues addressed by the FRC Network. After discussion, it was agreed that Commissioner Fennell and Commissioner Rosenthal would attend meetings and exercise said voting power on behalf of the Middletown FRC, also joined by Atty. Kent, for the purpose of representing the Middletown FRC within the FRC Network. 5. New Business A. Discussion and/or vote re additional revisions of Bylaws There was brief discussion in favor of retaining this item on the agenda month to month. Otherwise, this item was tabled for this meeting. B. Discussion re various issues 1. Informing community re FRC – Flyer Tabled. 2. Other/General The following is a summary only. Please review the recording for more details. Commissioner / Chair Grant called for other business, and the various proposed FRC legislation was raised. Atty. Kent reported on SB 616, which CT Sen. Sampson proposed, among numerous other bills, so as to apply the Uniform Administrative Procedures Act to FRCs statewide. There was brief discussion of related bills. Commissioner Fennell prepared excellent written testimony to oppose SB 616, which the City approved via the Office of the General Counsel. Generally, the opposition is due to the additional and significant expense and procedural requirements expected to be imposed on municipalities if the UAPA were to be applied to FRCs, especially considering prior judicial decisions reflecting the sufficiency of current FRC law and procedures and the fact that the UAPA is applicable to state agencies and not local boards and commissions, which are not regulation making bodies like state agencies. Commissioner Fennell explained the written testimony further and Atty. Kent recommended adopting the testimony as the position of the MFRC against SB 616. Commissioner Rosenthal made a MOTION to submit the testimony before the legislature. Commissioner Cavlo seconded the motion, which passed unanimously without further discussion. Atty. Kent advised that additional bills are scheduled or to be scheduled soon before the state legislature’s Housing Committee. Commissioner Fennell agreed to review additional bills and to communicate on issues of concern that may arise. C. Discussion of pending complaints, mediation, answer dates and scheduling Hearings 1. No new complaints for 2025 In fact, a new complaint was filed on February 11, 2025, by tenant / complainant Dominick Magarone against landlord / respondent 127 Grand ST Realty, LLC. The allegations of the complaint were reviewed before the Commission, which briefly discussed same. Commissioner / Chair Grant made a Motion to determine that the MFRC has jurisdiction based on the face of the complaint. Commissioner Rosenthal seconded the motion, which passed unanimously without further discussion. Atty. Kent shall send notice of the complaint and ask the complainant to provide the lease and rent history. Atty. Kent reported that tenant Field sought a continuance that was granted by the Chair. Atty. Kent also reported Atty. Wrona spoke to Atty. Kent about the Field complaint and questioned jurisdiction but has not filed a motion concerning same. Atty. Kent noted that limited research did not reveal a lack of jurisdiction and that such was discussed with Atty. Wrona. The Commission briefly discussed the pending Andrews/Bisson complaint, which the Chair also continued at the request of Atty. Gottlieb, who also continue to assert a lack of jurisdiction, which this body has rejected and which the housing court has rejected twice. The Chair agreed to the continuance not based on lack of jurisdiction but rather due to ongoing proceedings before the housing court that may impact these proceedings, which was communicated to Atty. Gottlieb. The Commission briefly discussed scheduling issues more generally and discussed hearing procedure concerning exhibits and witnesses in the Andrews/Bisson matter. In addition, Atty. Kent will seek to mediate matters in the meanwhile, such as the Baker and Field matters. 6. Old Business A. Hearing / deliberations / decision re Yeboah complaint The following is a summary only. Please review the recording for more details. Commissioner / Chair Grant made a MOTION to hear the Yeboah matter prior to other business after the call for public comment ended. Commissioner Rosenthal seconded the motion, which passed unanimously without further discussion. Atty. Kent reported that via mediation the parties / counsel arrived at a stipulation to submit for Commission approval. Atty. Reckmeyer and David Yeboah were in attendance remotely. Atty. Kent canvassed the parties/counsel concerning the terms of the stipulation setting an agreed rent through February 2026, conditioned on certain payment by the tenant / complaint to the landlord on or before February 21, 2025. The parties / counsel confirmed the agreement including the waiver of the right to appeal. Atty. Reckmeyer complimented Commission counsel on the mediation process. The parties / counsel agreed to a procedure to obtain signatures on the stipulation. Commissioner Rosenthal moved to accept the stipulation as an Order of the Commission. Commissioner Calvo seconded the motion, which passed unanimously without further discussion. Note: As this motion was being voted upon, Commissioner Kronenberger joined the meeting remotely, such that the unanimous vote in this instance was made by Commissioner/Chair Grant; Commissioner Rosenthal; Commissioner Calvo; and Commissioner Fennell in favor. B. Hearing / deliberations / decision re Field complaint Tabled due to continuance of hearing date. C. Hearing / deliberations / decision re Andrews / Bisson complaint Tabled due to continuance of hearing date. 7. Executive Session, if needed Not applicable. 8. Adjournment: Commissioner Calvo made a MOTION to adjourn, and Commissioner Fennell seconded the motion, which passed unanimously without further discussion. The meeting adjourned at 7:47 p.m.